The High Court dismissed a Letter Patent Appeal challenging an interlocutory order of a Single Judge. The court held there was no illegality, and grievances against interlocutory orders should be raised in appropriate proceedings later.
LPA dismissed; Pending Civil Applications disposed of.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD.
931 LETTER PATENT APPEAL NO. 34 OF 2011 WITH CA/1857/2011 IN LPA/34/2011
DHANAI PUNAI ADHYAPAK MANDAL AND ANR VERSUS HILAL NAGO MAHAJAN AND ORS
Advocate for Appellants : Mrs. C.S. Deshmukh h/f Mr. Badakh Vishal S. Advocate for Respondent No.1 & 2 :Mr. P. P. Chavan
CORAM : R. M. BORDE & A. I. S. CHEEMA, JJ. Date: January 22, 2016
PER COURT :-
1 Perused the order passed by the learned single Judge on 10.1.2011. We do not find any irregularity or illegality in the order passed by the learned single Judge. The challenge raised in the LPA is in respect of interlocutory order passed during continuance of the Suit. It would be open for the petitioner to raise his grievance in respect of interlocutory order, at an appropriate stage, in an appropriate proceedings. No interference is called for in the LPA. LPA is devoid of substance and hence stands dismissed.
2 Pending Civil Applications do not survive and stand disposed of.
( A. I. S. CHEEMA, J. ) ( R. M. BORDE, J. )
vbd
2 issues framed by the court
Whether the High Court should interfere with the interlocutory order of the Single Judge passed during the continuance of a suit.
Whether a Letter Patent Appeal is maintainable against an interlocutory order devoid of substance.
DHANAI PUNAI ADHYAPAK MANDAL AND ANR
HILAL NAGO MAHAJAN AND ORS
R. M. BORDE
A. I. S. CHEEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
